83 FR 58532 - Chlorinated Isocyanurates From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review; 2012-2013 and Notice of Amended Final Results

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 224 (November 20, 2018)

Page Range		58532-58533
FR Document		2018-25298

On October 24, 2018, the United States Court of International Trade (CIT) entered final judgment sustaining the final results of remand redetermination pursuant to court order by the Department of Commerce (Commerce) pertaining to the antidumping duty (AD) administrative review of chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China). Commerce is notifying the public that the final judgment in this case is not in harmony with Commerce's final results in the AD review of chlorinated isos from China.

Federal Register, Volume 83 Issue 224 (Tuesday, November 20, 2018)

[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58532-58533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25298]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Results of 
Antidumping Duty Administrative Review; 2012-2013 and Notice of Amended 
Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On October 24, 2018, the United States Court of International 
Trade (CIT) entered final judgment sustaining the final results of 
remand redetermination pursuant to court order by the Department of 
Commerce (Commerce) pertaining to the antidumping duty (AD) 
administrative review of chlorinated isocyanurates (chlorinated isos) 
from the People's Republic of China (China). Commerce is notifying the 
public that the final judgment in this case is not in harmony with 
Commerce's final results in the AD review of chlorinated isos from 
China.

DATES: Applicable November 3, 2018.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION: 

Background

    On January 28, 2015, Commerce published its final results in the 
eighth AD review of chlorinated isos from China.\1\ Commerce selected 
the two largest exporters, Hebei Jiheng Chemical Co., Ltd. and 
Juancheng Kangtai Chemical Co., Ltd., as the mandatory respondents, and 
determined that Heze Huayi Chemical Co., Ltd. (Heze Huayi), Arch 
Chemicals (China) Co., Ltd., and Zucheng Taisheng Chemical Co., Ltd. 
demonstrated their eligibility for separate rate status.\2\ On January 
28,

[[Page 58533]]

2015, Commerce published the Final Results and assigned Heze Huayi the 
separate rate of 53.15 percent from the Seventh Review \3\ consistent 
with our past practice because both mandatory respondents received zero 
margins and none of the separate rate companies had its own calculated 
rate from the segment immediately prior to the instant segment.
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2012-2013, 80 FR 4539 (January 28, 2015) and accompanying Issues and 
Decision Memorandum (Final Results).
    \2\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 43391 (July 25, 2014) (Preliminary 
Results), and accompanying Decision Memorandum, at 5-6.
    \3\ See Chlorinated Isocyanurates from the People's Republic of 
China; 2011-2012; Final Results of Antidumping Duty Administrative 
Review, 79 FR 4875, 4876 (January 30, 2014) (Seventh Review).
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    Heze Huayi appealed Commerce's decisions not to treat Heze Huayi as 
a mandatory or voluntary respondent and not to apply the zero rate of 
the mandatory respondents to Heze Huayi. While the case was pending 
before the CIT, in June 2016, Commerce voluntarily sought a remand \4\ 
to consider the impact of the Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States.\5\ On September 
11, 2018, the Court held a telephone status conference and ordered that 
the Government ``advise the court in one week from September 11, 2018, 
if they have any reason for anything other than a zero rate for all 
outstanding entries.'' \6\ Commerce responded within the one-week 
deadline that Commerce's request for a voluntary remand on this issue 
was still pending; however, in light of the Court's request, Commerce 
stated that it had identified no ``reason for anything other than a 
zero rate'' to be applied to Heze Huayi's entries.\7\ On September 28, 
2018, the Court ordered Commerce to assign Heze Huayi the mandatory 
respondents' weighted-average zero rate.\8\ On remand, Commerce, under 
respectful protest, assigned Heze Huayi the mandatory respondents' 
weighted-average zero rate.\9\ On October 24, 2018, the CIT sustained 
Commerce's Final Redetermination.\10\
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    \4\ See Heze Huayi Chemical Co. Ltd., v. United States, Ct. No. 
15-27, Defendant's Supplemental Brief and Motion for Voluntary 
Remand, Docket #68, June 21, 2016 (``In light of the intervening 
legal decision in Albemarle, we respectfully request that the Court 
grant a voluntary remand for Commerce to consider the application of 
Albemarle to the facts of this case.'')
    \5\ 821 F.3d 1345 (Fed. Cir. 2016).
    \6\ See Heze Huayi Chemical Co., Ltd. v. United States, Ct. No. 
15-27, Court Order, Docket #81, Sept. 12, 2018.
    \7\ See Heze Huayi Chemical Co., Ltd., v. United States, 
Defendant's Response to Court Order, Ct. No. 15-27, Docket #82, at 
1-2, Sept. 18, 2018.
    \8\ See Remand Order at 7.
    \9\ See Final Results of Redetermination Pursuant to Court 
Remand, Heze Huayi Chemical Co., Ltd. v. United States, Court No. 
15-00027, Slip Op. 18-130 (CIT September 28, 2010), dated October 
19, 2018 (Final Redetermination).
    \10\ See Heze Huayi Chemical Co., Ltd. v. United States, Slip 
Op. 18-149, Consolidated Court No. 15-00027 (CIT 2018).
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Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ the Federal Circuit held that, pursuant to section 
516A(c) of the Tariff Act of 1930, as amended (the Act), Commerce must 
publish a notice of court decision that is not ``in harmony'' with a 
Commerce determination and must suspend liquidation of entries pending 
a ``conclusive'' court decision. The CIT's October 24, 2018, judgment 
constitutes a final decision of that court that is not in harmony with 
Commerce's Final Results. This notice is published in fulfillment of 
the publication requirements of Timken. Accordingly, Commerce will 
continue suspension of liquidation of subject merchandise pending 
expiration of the period of appeal or, if appealed, pending a final and 
conclusive court decision.
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    \11\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
the Final Results and assigning Heze Huayi the mandatory respondents' 
weighted-average zero rate \13\ for the period June 1, 2012, through 
May 31, 2013. In the event the CIT's ruling is not appealed, or, if 
appealed, is upheld by a final and conclusive court decision, we will 
instruct U.S. Customs and Border Protection (CBP) to liquidate Heze 
Huayi's appropriate entries without regard to antidumping duties.
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    \13\ See Remand Order at 7.
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Cash Deposit Rate

    Heze Huayi has a superseding cash deposit rate (e.g., from a 
subsequent administrative review). Therefore, Commerce will not issue 
revised cash deposit instructions to CBP.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 15, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-25298 Filed 11-19-18; 8:45 am]
 BILLING CODE 3510-DS-P

58532 Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

351.301, or as otherwise specified by the This notice is issued and published written description of the merchandise under
Secretary. In general, an extension pursuant to sections 702 and 777(i) of investigation is dispositive.
request will be considered untimely if it the Act and 19 CFR 351.203(c). [FR Doc. 2018–25293 Filed 11–19–18; 8:45 am]
is filed after the expiration of the time Dated: November 13, 2018. BILLING CODE 3510–DS–P
limit established under 19 CFR 351.301. Gary Taverman,
For submissions that are due from
Deputy Assistant Secretary for Antidumping DEPARTMENT OF COMMERCE
multiple parties simultaneously, an and Countervailing Duty Operations,
extension request will be considered performing the non-exclusive functions and
untimely if it is filed after 10:00 a.m. ET International Trade Administration
duties of the Assistant Secretary for
on the due date. Under certain Enforcement and Compliance. [A–570–898]
circumstances, we may elect to specify
Appendix Chlorinated Isocyanurates From the
a different time limit by which
extension requests will be considered Scope of the Investigation People’s Republic of China: Notice of
untimely for submissions which are due Court Decision Not in Harmony With
The products covered by this investigation Final Results of Antidumping Duty
from multiple parties simultaneously. In are primary and secondary pure and alloy
such a case, we will inform parties in Administrative Review; 2012–2013 and
magnesium metal, regardless of chemistry,
the letter or memorandum of the Notice of Amended Final Results
raw material source, form, shape, or size
deadline (including a specified time) by (including, without limitation, magnesium AGENCY: Enforcement and Compliance,
which extension requests must be filed cast into ingots, slabs, t-bars, rounds, sows, International Trade Administration,
to be considered timely. An extension billets, and other shapes, and magnesium Department of Commerce.
request must be made in a separate, ground, chipped, crushed, or machined into
SUMMARY: On October 24, 2018, the
stand-alone submission; under limited raspings, granules, turnings, chips, powder,
United States Court of International
circumstances we will grant untimely- briquettes, and any other shapes).
Magnesium is a metal or alloy containing at
Trade (CIT) entered final judgment
filed requests for the extension of time sustaining the final results of remand
least 50 percent by actual weight the element
limits. Parties should review Extension magnesium. Primary magnesium is produced redetermination pursuant to court order
of Time Limits; Final Rule, 78 FR 57790 by decomposing raw materials into by the Department of Commerce
(September 20, 2013), available at magnesium metal. Secondary magnesium is (Commerce) pertaining to the
http://www.gpo.gov/fdsys/pkg/FR-2013- produced by recycling magnesium-based antidumping duty (AD) administrative
09-20/html/2013-22853.htm, prior to scrap into magnesium metal. The magnesium review of chlorinated isocyanurates
submitting factual information in this covered by this investigation also includes (chlorinated isos) from the People’s
investigation. blends of primary magnesium, scrap, and Republic of China (China). Commerce is
secondary magnesium. notifying the public that the final
Certification Requirements The subject merchandise includes the judgment in this case is not in harmony
following pure and alloy magnesium metal with Commerce’s final results in the AD
Any party submitting factual products made from primary and/or
information in an AD or CVD review of chlorinated isos from China.
secondary magnesium: (1) Products that
proceeding must certify to the accuracy DATES: Applicable November 3, 2018.
contain at least 99.95 percent magnesium, by
and completeness of that information.35 actual weight (generally referred to as ‘‘ultra- FOR FURTHER INFORMATION CONTACT:
Parties must use the certification pure’’ or ‘‘high purity’’ magnesium); (2) Sean Carey, AD/CVD Operations, Office
formats provided in 19 CFR products that contain less than 99.95 percent VII, Enforcement and Compliance,
351.303(g).36 Commerce intends to but not less than 99.8 percent magnesium, by International Trade Administration,
reject factual submissions if the actual weight (generally referred to as ‘‘pure’’ U.S. Department of Commerce, 1401
submitting party does not comply with magnesium); and (3) chemical combinations Constitution Avenue NW, Washington,
the applicable certification of magnesium and other material(s) in which DC 20230; telephone: (202) 482–4261.
requirements. the magnesium content is 50 percent or SUPPLEMENTARY INFORMATION:
greater, but less than 99.8 percent, by actual
Notification to Interested Parties weight, whether or not conforming to an Background
‘‘ASTM Specification for Magnesium Alloy.’’ On January 28, 2015, Commerce
Interested parties must submit The scope of this investigation excludes published its final results in the eighth
applications for disclosure under APO mixtures containing 90 percent or less AD review of chlorinated isos from
in accordance with 19 CFR 351.305. On magnesium in granular or powder form by
China.1 Commerce selected the two
January 22, 2008, Commerce published actual weight and one or more of certain non-
magnesium granular materials to make
largest exporters, Hebei Jiheng Chemical
Antidumping and Countervailing Duty
magnesium-based reagent mixtures, Co., Ltd. and Juancheng Kangtai
Proceedings: Documents Submission
including lime, calcium metal, calcium Chemical Co., Ltd., as the mandatory
Procedures; APO Procedures, 73 FR
silicon, calcium carbide, calcium carbonate, respondents, and determined that Heze
3634 (January 22, 2008). Parties wishing
carbon, slag coagulants, fluorspar, nepheline Huayi Chemical Co., Ltd. (Heze Huayi),
to participate in this investigation Arch Chemicals (China) Co., Ltd., and
syenite, feldspar, alumina (A1203), calcium
should ensure that they meet the Zucheng Taisheng Chemical Co., Ltd.
aluminate, soda ash, hydrocarbons, graphite,
requirements of these procedures (e.g., coke, silicon, rare earth metals/mischmetal, demonstrated their eligibility for
the filing of letters of appearance as cryolite, silica/fly ash, magnesium oxide, separate rate status.2 On January 28,
discussed at 19 CFR 351.103(d)). periclase, ferroalloys, dolomite lime, and
colemanite. 1 See Chlorinated Isocyanurates from the People’s
35 See section 782(b) of the Act. Republic of China: Final Results of Antidumping
The merchandise subject to this
36 See Certification of Factual Information to
investigation is classifiable under items Duty Administrative Review; 2012–2013, 80 FR
Import Administration During Antidumping and 4539 (January 28, 2015) and accompanying Issues
8104.11.0000, 8104.19.0000, and
Countervailing Duty Proceedings, 78 FR 42678 (July and Decision Memorandum (Final Results).
17, 2013) (‘‘Final Rule’’); see also frequently asked
8104.30.0000 of the Harmonized Tariff 2 See Chlorinated Isocyanurates from the People’s

questions regarding the Final Rule, available at Schedule of the United States (HTSUS). Republic of China: Preliminary Results of
http://enforcement.trade.gov/tlei/notices/factual_ Although the HTSUS items are provided for Antidumping Duty Administrative Review; 2012–
info_final_rule_FAQ_07172013.pdf. convenience and customs purposes, the 2013, 79 FR 43391 (July 25, 2014) (Preliminary

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Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices 58533

2015, Commerce published the Final the CIT sustained Commerce’s Final Dated: November 15, 2018.
Results and assigned Heze Huayi the Redetermination.10 Gary Taverman,
separate rate of 53.15 percent from the Deputy Assistant Secretary for Antidumping
Timken Notice and Countervailing Duty Operations,
Seventh Review 3 consistent with our
past practice because both mandatory performing the non-exclusive functions and
In its decision in Timken,11 as
duties of the Assistant Secretary for
respondents received zero margins and clarified by Diamond Sawblades,12 the Enforcement and Compliance.
none of the separate rate companies had Federal Circuit held that, pursuant to [FR Doc. 2018–25298 Filed 11–19–18; 8:45 am]
its own calculated rate from the segment section 516A(c) of the Tariff Act of BILLING CODE 3510–DS–P
immediately prior to the instant 1930, as amended (the Act), Commerce
segment. must publish a notice of court decision
Heze Huayi appealed Commerce’s that is not ‘‘in harmony’’ with a DEPARTMENT OF COMMERCE
decisions not to treat Heze Huayi as a Commerce determination and must
mandatory or voluntary respondent and suspend liquidation of entries pending International Trade Administration
not to apply the zero rate of the a ‘‘conclusive’’ court decision. The CIT’s [A–508–812]
mandatory respondents to Heze Huayi. October 24, 2018, judgment constitutes
While the case was pending before the a final decision of that court that is not Magnesium From Israel: Initiation of
CIT, in June 2016, Commerce in harmony with Commerce’s Final Less-Than-Fair-Value Investigation
voluntarily sought a remand 4 to Results. This notice is published in
consider the impact of the Court of AGENCY: Enforcement and Compliance,
fulfillment of the publication
International Trade Administration,
Appeals for the Federal Circuit’s requirements of Timken. Accordingly,
Department of Commerce.
decision in Albemarle Corp. v. United Commerce will continue suspension of
States.5 On September 11, 2018, the liquidation of subject merchandise DATES: Applicable November 13, 2018.
Court held a telephone status pending expiration of the period of FOR FURTHER INFORMATION CONTACT:
conference and ordered that the appeal or, if appealed, pending a final Bryan Hansen at (202) 482–3683 or
Government ‘‘advise the court in one and conclusive court decision. Minoo Hatten (202) 482–1690; AD/CVD
week from September 11, 2018, if they Operations, Enforcement and
have any reason for anything other than Amended Final Results Compliance, International Trade
a zero rate for all outstanding entries.’’ 6 Administration, U.S. Department of
Because there is now a final court Commerce, 1401 Constitution Avenue
Commerce responded within the one- decision, Commerce is amending the
week deadline that Commerce’s request NW, Washington, DC 20230.
Final Results and assigning Heze Huayi
for a voluntary remand on this issue was SUPPLEMENTARY INFORMATION:
the mandatory respondents’ weighted-
still pending; however, in light of the average zero rate 13 for the period June The Petition
Court’s request, Commerce stated that it 1, 2012, through May 31, 2013. In the
had identified no ‘‘reason for anything On October 24, 2018, the U.S.
event the CIT’s ruling is not appealed, Department of Commerce (Commerce)
other than a zero rate’’ to be applied to or, if appealed, is upheld by a final and
Heze Huayi’s entries.7 On September 28, received an antidumping duty (AD)
conclusive court decision, we will Petition concerning imports of
2018, the Court ordered Commerce to instruct U.S. Customs and Border magnesium from Israel, filed in proper
assign Heze Huayi the mandatory Protection (CBP) to liquidate Heze form on behalf of US Magnesium LLC
respondents’ weighted-average zero Huayi’s appropriate entries without (the petitioner), a domestic producer of
rate.8 On remand, Commerce, under regard to antidumping duties. magnesium.1 The AD Petition was
respectful protest, assigned Heze Huayi accompanied by a countervailing duty
the mandatory respondents’ weighted- Cash Deposit Rate (CVD) Petition concerning imports of
average zero rate.9 On October 24, 2018, magnesium from Israel.
Heze Huayi has a superseding cash
deposit rate (e.g., from a subsequent On October 29, 2018, and November
Results), and accompanying Decision 5, 2018, Commerce requested
Memorandum, at 5–6. administrative review). Therefore,
3 See Chlorinated Isocyanurates from the People’s Commerce will not issue revised cash supplemental information pertaining to
Republic of China; 2011–2012; Final Results of deposit instructions to CBP. certain aspects of the Petition in three
Antidumping Duty Administrative Review, 79 FR separate supplemental questionnaires,
4875, 4876 (January 30, 2014) (Seventh Review). Notification to Interested Parties two addressing Volume I of the Petition
4 See Heze Huayi Chemical Co. Ltd., v. United
and the other addressing Volume III of
States, Ct. No. 15–27, Defendant’s Supplemental This notice is issued and published in
Brief and Motion for Voluntary Remand, Docket the Petition (i.e., the AD allegation).2
#68, June 21, 2016 (‘‘In light of the intervening legal
accordance with sections 516A(e)(1), The petitioner filed its responses to the
decision in Albemarle, we respectfully request that 751(a)(1) and 777(i)(1) of the Act. supplemental questionnaires on October
the Court grant a voluntary remand for Commerce
to consider the application of Albemarle to the facts 1 See the petitioner’s Letter, ‘‘Petitions for the
of this case.’’)
5 821 F.3d 1345 (Fed. Cir. 2016).
Imposition of Antidumping and Countervailing
Duties in the Matter of: Magnesium from Israel,’’
6 See Heze Huayi Chemical Co., Ltd. v. United
dated October 24, 2018 (Petition).
States, Ct. No. 15–27, Court Order, Docket #81, 2 See Commerce Letters, ‘‘Re: Petition for the
Sept. 12, 2018. 10 See Heze Huayi Chemical Co., Ltd. v. United
Imposition of Antidumping Duties on Imports of
7 See Heze Huayi Chemical Co., Ltd., v. United
States, Slip Op. 18–149, Consolidated Court No. Magnesium from Israel: Supplemental Questions,’’
States, Defendant’s Response to Court Order, Ct. 15–00027 (CIT 2018). dated October 29, 2018, ‘‘Re: Petitions for the
No. 15–27, Docket #82, at 1–2, Sept. 18, 2018. 11 See Timken Co. v. United States, 893 F.2d. 337 Imposition of Antidumping and Countervailing
8 See Remand Order at 7.
(Fed. Cir. 1990) (Timken). Duties on Imports of Magnesium from Israel:
9 See Final Results of Redetermination Pursuant Supplemental Questions,’’ dated October 29, 2018,
12 See Diamond Sawblades Mfrs. Coalition v.
to Court Remand, Heze Huayi Chemical Co., Ltd. v. and Memorandum ‘‘RE: Petitions for the Imposition
United States, Court No. 15–00027, Slip Op. 18–130 United States, 626 F.3d. 1374 (Fed. Cir. 2010) of Antidumping and Countervailing Duties on
(CIT September 28, 2010), dated October 19, 2018 (Diamond Sawblades). Imports of Magnesium from Israel—Phone Call with
(Final Redetermination). 13 See Remand Order at 7. Counsel to the Petitioner,’’ dated November 5, 2018.

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Document Created: 2018-11-20 07:59:47
Document Modified: 2018-11-20 07:59:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable November 3, 2018.
Contact		Sean Carey, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4261.
FR Citation		83 FR 58532

83 FR 58532 - Chlorinated Isocyanurates From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review; 2012-2013 and Notice of Amended Final Results

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 224 (November 20, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration